Background
Otoniel Lugo-Campos appealed his conviction for being a deported alien found in the United States in violation of Section eight thousand one hundred thirty-six of Title eight of the United States Code. He challenged a sentence of seventy-two months’ imprisonment, concurrent to a state sentence, and three years of supervised release.
The court’s reasoning
The court reviewed the appeal for plain error. It found that the district court heard and considered Lugo-Campos’s arguments but believed an above-guidelines sentence was necessary for specific deterrence and public protection given his extensive criminal record. The court concluded the explanation permitted meaningful appellate review. Regarding the substantive reasonableness of the sentence, the court held that the district court did not abuse its discretion in imposing an above-guidelines sentence or a term of supervised release, as these were reasonable under the factors of Section thirty-five hundred fifty-three of Title eighteen of the United States Code and the totality of the circumstances.
What it means going forward
The decision reinforces that district courts may impose above-guidelines sentences even when criminal history is already accounted for in the guidelines calculation, provided the explanation permits meaningful appellate review.